Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Sale deed executed despite stay order on account of a material lapse on part of Ahlmad who furnished an incorrect report to the effect that there is no stay of judgment and decree in question - JD/defendant cannot be blamed for such incorrect information - Sale deed in..........
Evidence Act, 1872, Section 92 -- Sale deed - Subsequently executor executed another document transferring the same land, alongwith some other land - Sale deed duly registered testified to by attesting witness thereto and factum of registration of document also not disproved - Even in terms of S.92 of Evidence Act as regards its execution and registration, it cannot be..........
Registration Act, 1908, Section 17, 18, Power of Attorney Act, 1882, Section 4 -- Power of attorney - Unregistered - Execution of sale deed by unregistered power of attorney holder - There is no hurdle that unregistered power of attorney holder cannot execute sale deed unless and until there is a case of fraud established against the executor and if no allegation of fraud..........
Arbitration and Conciliation Act, 1996, Section 36 -- Execution of arbitration award - As per agreement, Arbitrator was authorised to only fix the price of land which was to be sold by appellant to respondent - In the agreement there was an option to respondent to either accept the price fixed by Arbitrator or refuse to get the sale deed executed at the price fixed by..........
Agreement to sell -- Specific performance - Defendant specifically acknowledged execution of agreement in question - Plaintiff remained present in Tehsil compound along with balance sale consideration and expenses required for execution of sale deed, but it was defendant who did not turn up - Plaintiff always was and still ready to perform his part of agreement, as..........
Will -- Intention of testator - Expression used in Will by Testator while bequeathing property in favour of wife that `house should be sold and sale amount be divided among my daughter and son' preceded by expression `it is my desire' - Part of Will providing for sale of property during her lifetime and distribution of sale proceeds between children cannot be treated as a..........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Agreement to sell - Plaintiff pleaded fraud in execution of agreement to sell and he has succeeded in proving the same by showing that shops in question were already sold by defendant - Since plaintiff filed the suit within period of three years from date fixed for execution of sale deed,..........
Agreement to sell -- Specific performance - Agreement in question was executed as a security for repayment of loan - Date for execution of sale deed was extended despite plaintiff having paid more than 95% of sale consideration - Had it been true that parties actually intended to sell/purchase land and plaintiff had paid Rs.5,80,000 out of 6 lakhs without his being in..........
Registration Act, 1908, Section 32 -- Sale deed - Registration - Presence of purchaser at the time of registration of sale deed - Execution of sale deed not disputed - Sale deed not falling within Ss.31, 88 and 89 of the Act - There is no necessity of presence of purchaser at the Registration Office during registration of sale deed...........
Agreement to sell -- Suit for declaration, possession of suit property by way of specific performance of agreement to sell and for grant of decree of permanent injunction - Readiness and willingness - Once defendant nos.2 & 3 have gained knowledge of fact that plaintiff no.2 & 3 are actual intended purchasers and thereafter applied for getting permission to sell in their..........
